A defendant shall be punished by imprisonment for four years.

2. The crime of this case is acknowledged that the defendant, while under the influence of alcohol, led the victim who was walking a bicycle by negligence while driving the vehicle and did not take any measures despite being taken, leading the victim to the death of the victim and resulting in the victim's death, and that the crime of this case is very serious in light of the method of crime and the gravity of damage, etc., and that the victim's surviving family did not receive a letter of suspicion from the criminal defendant until

However, in full view of the following facts: (a) the Defendant recognized all of the crimes, thereby contravening the mistake; (b) the Defendant was punished by a fine for the violation of the Road Traffic Act in 1997; (c) there was no record of criminal punishment for the same crime; and (d) the Defendant deposited KRW 20 million in order to recover damage in the past in the trial; and (c) the Defendant’s age, character and conduct, environment, developments and motive leading to the instant crime; and (d) the conditions of sentencing as shown in the instant records and arguments, such as the circumstances before and after the instant crime, it is

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of Trade Competition.